Doe I et al v. Nixon et al

Filing 69

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of defendants Jeremiah W. Nixon and Matt Blunt to stay the order entered on October 27, 2008, 61 and the motion of defendant Robert P. McCulloch to stay 64 are denied; Signed by Honorable Carol E. Jackson on 10/30/2008;(DJO) Modified on 10/30/2008 (DJO).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JANE DOE I, et al., Plaintiffs, vs. JEREMIAH W. NIXON, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 4:08-CV-1518 (CEJ)

MEMORANDUM AND ORDER This matter is before the Court on the motion of defendants Jeremiah W. Nixon and Matt Blunt for stay pending appeal, pursuant to Fed.R.Civ.P. 62(c).1 Specifically, defendants ask the Court to

stay the preliminary injunction entered on October 27, 2008, enjoining enforcement of subsections (1) and (2) of § 589.426.1, Mo.Rev.Stat. The factors a court considers in determining whether to issue a stay pursuant to Rule 62(c) are: (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. 770, 776-77 (1987). Hilton v. Braunskill, 481 U.S.

In evaluating the harm that will occur

depending on whether or not a stay is granted, courts consider three factors: (1) the substantiality of the injury alleged; (2)

1

Defendant Robert P. McCulloch joins the motion.

the likelihood of its occurrence; and (3) the adequacy of the proof provided. Michigan Coalition of Radioactive Material Users, Inc. The harm

v. Griepentrog, 945 F.2d 150, 154 (6th Cir. 1991).

alleged must be both certain and immediate, rather than speculative or theoretical. Id.

Having reviewed the motions and memoranda of the parties, the Court concludes that defendants have not met their burden to establish the propriety of a stay pending their appeal of the order entered on October 27, 2008. Accordingly, IT IS HEREBY ORDERED that the motion of defendants Jeremiah W. Nixon and Matt Blunt to stay the order entered on October 27, 2008, [Doc. # 68] and the motion of defendant Robert P. McCulloch to stay [Doc. #64] are denied.

CAROL E. JACKSON UNITED STATES DISTRICT JUDGE Dated this 30th day of October, 2008.

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